A Training Guide For s1

CRIMES

A Training Guide For Law Enforcement Officers

Wisconsin Department of Justice Law Enforcement Standards Board

June 2006

ii June 2006 ACKNOWLEDGEMENTS

The Training and Standards Bureau would like to acknowledge the assistance of those who took the time to review this manuscript in draft form and who offered many valuable suggestions for its improvement. Among those are the following:

Paul Clarke, Jr., Northcentral Technical College James Curtis, Winnebago County District Attorney's Office Paul Dedinsky, Milwaukee County Assistant District Attorney Dennis Drazkowski, Wisconsin Department of Justice-DCI Daniel Feucht, Fox Valley Technical College Burdett Fraser, Madison Area Technical College Ken Hammond, Wisconsin Indianhead Technical College Jill Karofsky, National Conference of Bar Examiners Michael Koll, Milwaukee Area Technical College Randy Kolosovsky, Milwaukee Police Department David Kotajarvi, Lakeshore Technical College Don Liebenthal, VAWA-Trainer Ray Maida, Wisconsin Coalition against Sexual Assault-Trainer Liz Marquardt, Task Force Against Family Violence Tess Meuer, Wisconsin Coalition against Domestic Violence Bill Miller, North Central Technical College Sandy Nowack, WI-Department of Justice Bob Obermeier, Wausau Police Department Jack Pace, Madison Area Technical College Julie Rortvedt, Madison Police Department Jennifer Senick-Celmer, Wisconsin Coalition against Sexual Assault Office of Justice Assistance-VAWA Law Enforcement Training Program Wisconsin Coalition against Sexual Assault Wisconsin Coalition against Domestic Violence Wisconsin Department of Justice-Crime Victim Services Wisconsin Department of Justice-Crime Lab

The text was originally written by Linda Ruzicka, edited by Patricia A. Robinson.

I June 2006 TABLE OF CONTENTS

ACKNOWLEDGEMENTS...... I

TABLE OF CONTENTS...... II

INTRODUCTION...... 1 STATUTES COVERING SPECIAL CIRCUMSTANCES...... 7 DEFENSES...... 9

PROPERTY CRIMES...... 11

WHAT ARE PROPERTY CRIMES?...... 11 THE ELEMENTS OF COMMON PROPERTY CRIMES...... 11 INVESTIGATING PROPERTY CRIME...... 15 SUMMARY...... 19

PERSON CRIMES...... 21

WHAT ARE PERSON CRIMES?...... 21 ELEMENTS OF COMMON PERSON CRIMES...... 21 Crimes Against Life and Bodily Security: Chapter 940...... 22 Crimes Against Public Health and Safety: Chapter 941...... 27 Crimes against Public Health and Safety: Chapter 947...... 28 INVESTIGATING PERSON CRIMES...... 29 SUMMARY...... 32

RESOURCES...... 34

INDEX...... 51

II June 2006 CRIMES WI-CHAPTERS 939, 940, 961

INTRODUCTION

Much of a law enforcement officer’s time is devoted to investigating crimes of one sort or another. This chapter provides an overview of crime in the United States, gives definitions for some of the terms associated with criminal law, discusses certain statutes that apply to crimes committed under special circumstances, and briefly discusses statutory defenses to crimes. The next two chapters deal more specifically with property crimes and crimes against persons.

Two statistical programs from The U.S. Department of Justice measure the magnitude, nature, and impact of crime in the Nation: the Uniform Crime Reporting (UCR) Program and the National Crime Victimization Survey (NCVS). Each uses different methods of data collection and has different purposes for the data collected. The Uniform Crime Report collects information on crimes reported to law enforcement authorities in an effort to provide reliable criminal justice statistics. The National Crime Victimization Survey uses U.S. Census Bureau personnel to interview household members twice a year. The purpose of the NCVS is to collect information on crimes suffered by individuals and households, whether or not those crimes were reported to law enforcement. The two programs complement each other and provide a comprehensive look at crime trends across the nation. Looking at these statistics may give you an understanding of the occurrence of crimes, who the victims are and what the relationship may be between victim and suspect.

In 2001, U.S. residents age 12 or older experienced approximately 24.2 million crimes. Of these,

. 76% (18.3 million) were property crimes . 24% (5.7 million) were crimes of violence . 2% were personal thefts.

For every 1,000 persons, there were one rape or sexual assault, two assaults with injury and three robberies. Murders were the least frequent—about 6 per 100,000 persons in 1999.

The following graphs show some of the trends in crime from 1973-2000. These are based on data from the National Crime Victimization Survey.

1 June 2006 Figure 1 shows violent crime rates by age of the victim1.

Figure 1: Violent Crime Rates by Age of Victim

Violent crime includes murder, rape and sexual assault, robbery, and assault. In general, the younger the person, the more likely that person was to experience a violent crime.

Figure 2 shows the trend in violent crime rates for persons age 12 and over. The violent crimes included are rape, robbery, aggravated and simple assault, and homicide.

Males were more likely to be victimized by a stranger, and females were more likely to be violently victimized by a friend, an acquaintance, or an intimate. Most violent crimes (73%) occurred within 5 miles of the victim's home. About one- quarter (26%) of violent crime involved a weapon.

In 2000, almost half of murder victims (44%) were related to or acquainted with their assailants; 13% were murdered by strangers, and for 43% of victims the relationship (if any) with their assailants was unknown.

1 Note that the National Crime Victimization Survey was redesigned in 1993; the area with the lighter shading is before the redesign and the darker area after the redesign. The data before 1993 have been adjusted to make them comparable with data collected since the redesign.

2 June 2006 Figure 2: Violent Crime Rates

Figure 3 shows property crime rates. Property crimes include burglary, theft, and motor vehicle theft.

Property crime makes up about three-quarters of all crime in the United States. Overall, about 85% of all burglaries were successful. About 72% of all motor vehicle thefts were successful. Rented households were burglarized at rates 79% higher than owned households. Households living in rented property had almost twice the rate of motor vehicle theft than those in owned property. Suburban households experienced all forms of property crime except burglary at rates higher than those for rural households. 2

2 U.S. Department of justice-Office of Justice Programs; Bureau of Justice Statistics; www.ojp.usdoj.gov

3 June 2006 Figure 3: Property Crime Rates

Definitions

CRIME - §939.12

A crime is conduct prohibited by law and punishable by fine and/or imprisonment. Conduct punishable only by forfeiture is not a crime. Three factors are necessary for a crime to be committed: Victim, Suspect and Location.

The victim is a person against whom a crime has been committed (§950.02). The suspect then is the one alleged to have committed the crime and who may be charged with the criminal behavior. Others may be charged with a crime even though they did not directly commit the offense.

The location may refer to a specific address or territory where the offense occurred. The location determines the jurisdiction (control or authority) for investigation and subsequent prosecution of the criminal behavior. Jurisdiction can be municipal, county, tribal, state or federal. Federal jurisdiction could fall within the authority of several different agencies: Federal Aviation Administration (FAA), National Transportation Safety Board (NTSB), Federal Bureau of Investigation (FBI) or FBI Disaster Squad. There may also be military jurisdiction from a nearby military installation in the form of a commanding officer, judge advocate or legal officer.

4 June 2006 Part of your investigation may include locating the scene of the crime—and therefore establishing the jurisdiction—by gathering information from the victim and witnesses or by gathering physical evidence. Note that jurisdiction also can refer to specific groups of people rather than a location. For instance, the Department of Human Services has jurisdiction over children under the age of 18 who are in need of protective services. Juvenile court has jurisdiction over people under 17 who have committed a crime, as well as over children in need of protective services.

Parties to Crime - §939.05

Parties to Crime is intended to permit persons to be charged with an offense if they intentionally aided or conspired with another in committing a crime—even if they themselves did not actually commit the crime.

Elements of a Crime

Each crime, as defined by Wisconsin statutes, is composed of parts or elements. As you have learned in Report Writing, no consent is considered an element of many crimes and must be asked and documented. You must also establish probable cause that a suspect is guilty of each element in order to charge him or her criminally. Probable cause is information sufficient to cause a reasonable person to believe a crime has been committed and that the suspect committed the crime.

Once a suspect is charged, the burden of proof is on the prosecution to prove that the defendant is guilty of each element of the crime charged beyond a reasonable doubt. If there is any weakness of proof of any element of the crime, a defendant could be found to be not guilty of the charges. Therefore, any information in your report or testimony that is shown in court to be weak or unsubstantiated could affect the outcome of prosecution.

Elements of Proof

To convict a suspect in court, the prosecutor must show two things:

. that the crime was committed (each element of the crime must be proven) . that the suspect committed the crime

This requirement is important to remember as you commence to investigate a situation. Identifying the suspect in a crime is not sufficient to get that person convicted. Law enforcement must also show proof that the crime was committed by establishing each of the elements through testimonial or physical evidence.

5 June 2006 Without Consent § 939.22(48)

Without consent means no consent was given or the consent was given only because the victim feared physical violence against the victim, the victim’s family, or another person present. Consent means cooperation free from compulsion or duress and with knowledge of the nature of the act. No consent is given if the victim does not understand (through ignorance, youth or defective mental condition) of what he or she is consenting to.

Criminal Intent - §939.23

Intent, also referred to as Mens Rea, is the state of mind that establishes criminal liability. It means that the offender is knowledgeable of the criminal aspects of the behavior, that it is wrong and punishable, and that he or she willingly engaged in the criminal behavior. The offender's intent can be indicated by the offender's statements and conduct.

Criminal Negligence - §939.25

Behavior is considered criminally negligent when the person should have known that the behavior would create substantial risk of death or great bodily harm to another (including an unborn child or mother of the unborn child). Examples could include extreme carelessness due to intoxication, lack of attention, or failure to appreciate risks in a situation fraught with risks and potential dangers.3

Criminal Recklessness - §939.24

Criminal recklessness occurs when a person creates an unreasonable and substantial risk of death or great bodily harm to another human being and the person is aware of that risk. Criminally reckless behavior includes a conscious and willful disregard of the potential consequences of one's behavior.4

Felony - §939.60

A felony is a crime punishable by imprisonment in the Wisconsin State prison system.

Misdemeanor - §939.50

Misdemeanors are all crimes except felonies.

3 Police Investigation Handbook, Barton Ingraham & Thomas Mauriello, NY 1990

4 Police Investigation Handbook, Barton Ingraham & Thomas Mauriello, NY 1990

6 June 2006 STATUTES COVERING SPECIAL CIRCUMSTANCES

In addition to providing criminal penalties for ordinary crimes such as theft or battery, the Wisconsin Statutes also contain laws protecting victims and witnesses and covering other special circumstances.

Crimes Committed Against Certain People or Property; Penalty - § 939.645

Elements:

. Offender committed a crime. . Offender selected the victim in whole or in part because of the offender's belief or perception regarding the race, or religion, etc. of the person.

Intimidation of a Victim - § 940.44 (Misdemeanor)

Elements:

 Victim was a victim of a crime.  Offender prevented, dissuaded, attempted to prevent, or attempted to dissuade victim from reporting the crime to law enforcement agency.  Offender acted knowingly and maliciously. Knowingly and maliciously: The offender knew the victim was a crime victim and acted with the purpose to prevent the victim from reporting the crime.

Intimidation of a Victim- § 940.45 (Felony)

Elements:

 All of the elements of §940.44.  Offender's act was accompanied by attempted force or violence upon victim or relative of victim §940.45 (1); or  Offender's act accompanied by damage to property of victim or relative of victim §940.45(2); or  Offender's act accompanied by any express or implied threat of harm described in either of the prior two elements §940.45(3); or  Offender's act was in furtherance of conspiracy §940.45(4); or  Offender has prior conviction for §§940.42 to 940.45 or any federal or state law which, if prosecuted in WI, would have been a violation of these statutes §940.45(5); or  Offender committed the act for monetary gain or any other consideration acting on the request of any other person §940.43(6).

7 June 2006 Intimidation of a Witness - § 940.42 (Misdemeanor)

Elements:

 Victim was a witness.  Offender prevented, dissuaded, attempted to prevent, or attempted to dissuade person from giving testimony at proceeding authorized by law.  Offender acted knowingly and maliciously. Knowingly and maliciously: The offender knew the victim was a witness and acted with the purpose to prevent the victim from attending the proceeding or testifying.

Intimidation of a Witness - § 940.43 (Felony)

Elements:

 All the elements of §940.42  Offender's act was accompanied by attempted force or violence upon witness or relative of witness §940.43(1); or  Offender's act was accompanied by damage to property of witness or relative of witness; or §940.43(2); or  Offender's act was accompanied by any express or implied threat of harm described in prior two elements §940.43(3); or  Offender's act was in furtherance of a conspiracy §940.43(4); or  Offender has a prior conviction for §940.42 to 940.45 or any federal or state law which, if prosecuted in WI, would have been a violation of these statutes §940.43(5); or  Offender committed the act for monetary gain or any other consideration acting on the request of any other person §940.43(6).

Attempt to Commit a Crime - § 939.32 (1)

Elements:

 Offender intended to commit the crime.  Offender’s actions met the elements of the pertinent crime.  Actions unequivocally demonstrate that offender would have committed crime except for another person’s intervention or extraneous factor.

Bail Jumping By Offender - § 946.49 (1)

Elements:

 Offender was arrested or charged with a felony or a misdemeanor.

8 June 2006  Offender was released from custody on bond.  Offender intentionally failed to comply with terms of bond. Intentionally: The offender knew of the terms of the bond and knew that his or her actions did not comply with the terms.

DEFENSES

Defense of Others - § 939.48

Defense of others means the defendant acted in the honest and reasonable belief that another person was about to suffer an unlawful interference by the person he or she assaulted. It only need be proven that the person protected was being unjustly attacked and had the right of self-defense.

Defense of Property - § 939.49

A person may threaten or intentionally use force against another to prevent or terminate what the person believes to be an unlawful interference with the person’s property. Note that the statute specifically excludes the use of deadly force or force likely to cause great bodily harm solely in defense of property.

The next two chapters provide the elements of the most common property and person crimes. Later chapters present techniques for processing the crime scene and some investigative strategies.

SUMMARY

Crime in the United States is tracked by two reporting programs of the U.S. Department of Justice: the Uniform Crime Reports, administered by the FBI, and the National Crime Victimization Survey, administered by the U.S. Census Bureau. Both show property crime to be much more common than violent crime. In recent years, the overall crime rate has declined, although the exact causes are not clear: population demographics, the state of the economy, and law enforcement trends all play a part.

Any crime, which is an offense punishable by fine or imprisonment (or both), has three important aspects:

. victim . suspect . location

Part of your role as a law enforcement officer is to identify each of these three.

9 June 2006 Additionally, each crime is defined in the Wisconsin Statutes by its elements—the individual components that the state must prove beyond a reasonable doubt in order to convict a suspect. As a law enforcement officer, you must know the elements of various crimes, both to determine what crime was committed and also to know what evidence you must document to prove the crime in court.

You must also know the legal meaning of certain terms such as criminal negligence or criminal recklessness, and be familiar with special circumstances governing some crimes (such as intimidation of a victim or witness). Some circumstances constitute statutory defenses against prosecution. For example, while it is generally unlawful for a citizen to batter another, if the person is doing so to defend him or herself or someone else, the behavior may be justifiable.

The next two chapters provide detailed information about identifying and investigating the most common property crimes and person crimes.

10 June 2006 PROPERTY CRIMES WI-Chapter 943 WHAT ARE PROPERTY CRIMES?

Property crimes are crimes in which the offender damaged property, trespassed on the property of another, or misappropriated property. They are by far the most common crimes. They may seem less serious than person crimes—and in a sense they are—but they nevertheless result in the direct loss of billions of dollars every year, as well as causing other indirect costs through the increase in insurance rates and product pricing. Many property crimes are committed by experienced criminals who specialize in certain types of items, victims, dwellings or even trademarks. Other property crimes are crimes of opportunity where the offender locates an item of value in an unprotected and unobserved area and commit the crime without any type of plan. Crimes of opportunity often are committed by the young and inexperienced.

This chapter first lists the elements of many of the more common property crimes and then discusses some strategies for investigating property crimes. For convenience, the listing of property crimes is divided into categories: damage, trespass, and misappropriation.

THE ELEMENTS OF COMMON PROPERTY CRIMES

1. Damage

Criminal Damage to Property - § 943.01 (Misdemeanor)

 Offender caused damage to physical property. Note: damage can be anything from mere defacement of the property to total destruction.  Offender intentionally caused the damage.  The property belonged to another person.  Offender caused damage without the consent of owner.  Offender knew that property belonged to another and that person did not consent.

Graffiti - §943.017 (Misdemeanor or Felony)

 Offender intentionally caused damage to physical property by marking, drawing, writing or etching on the physical property.  The physical property belonged to another person.  Offender caused the damage without the consent of the owner.

11 June 2006  Offender knew the property belonged to another and that person did not consent.

Arson of Buildings - § 943.02 (Felony)

. Offender intentionally damaged a building (injured, charred, defaced— also includes smoke damage). . Offender used fire or explosives. . Building belonged to another person. . Offender damaged the building without the owner’s consent. . Offender knew the building belonged to another and knew the owner did not give consent.

. Offender intentionally damaged any building by fire. . Building belonged to another person. . Offender damaged the building without the owner’s consent. . Offender knew the building belonged to another and knew the owner did not give consent. . Offender had intent to defraud an insurer of the building.

(See also Arson of Property Other Than a Building - § 943.03)

2. Trespass

Burglary with Intent to Steal - § 943.10 (1) (Felony)

 Offender intentionally entered a building.  Entry was without the consent of a person in lawful possession of the building.  Offender knew that the entry was without the owner’s consent.  Offender entered building with intent to steal. Note: The intent must be formed before the entry is made.

Entry Into Locked Vehicle - § 943.11 (Misdemeanor)

. Offender intentionally entered the locked and enclosed portion of the vehicle of another. . Offender did not have consent of the owner of the vehicle. . Offender knew the vehicle belonged to another and that the entry was without the owner’s consent. . Offender intended to steal from the locked and enclosed compartment of a vehicle.

12 June 2006 Possession of Burglarious Tools - § 943.12 (Felony)

 Offender has possession of a tool or device.  The tool or device is suitable for breaking into a building.  Offender intended to use the tool or device to break into a building with the intent to steal.

Entry into Locked Coin Box - § 943.125 (Misdemeanor)

. Offender intentionally entered a locked coin box of another. . Offender did so without consent of owner. . Offender knew coin box belonged to another and there was no consent. . Offender entered coin box with intent to steal.

Criminal Trespass to Dwellings - § 943.14 (Misdemeanor)

 Offender intentionally entered the dwelling of another.  Offender entered without the consent of someone lawfully upon the premises.  Offender entered under circumstances tending to create or provoke a breach of the peace.  Offender knew entry was without consent and knew it would tend to create or provoke a breach of peace. Note: The offender’s conduct does not need to create an actual breach the peace to violate §943.14.

Entry into a Locked Dwelling - § 943.15 (Misdemeanor)

. Offender entered dwelling of another (apartment, room, building or other structure). . Offender entered dwelling when it was locked. . Offender entered without the consent of a person in lawful possession of premises.

3. Misappropriation

Robbery - § 943.32 (1) (a) and (b) (Felony)

. Offender took property from the person or the presence of the owner. . Offender took property with intent to steal. . Offender used or threatened force with intent to overcome physical resistance. Section 943.32 (1) (a) is robbery by the use of force. Section 943.32 (1) (b) is robbery by the threat of force. Section 943.32 (2) is robbery by the threat or use of a dangerous weapon.

13 June 2006 Theft - § 943.20 (1) (a) (Penalties Based on Value of Property)

 Offender intentionally took and carried away the movable property of another.  The owner did not consent to taking and carrying away of property.  Offender knew that the owner did not consent.  Offender intended to permanently deprive the owner of possession of property.

Theft - § 943.20 (3) (e) (Felony)

 Offender intentionally took and carried a way the movable property of another.  Offender took property from person or corpse of another  Owner did not consent to the taking and carrying away of such property  Offender knew that taking and carrying away the property was without consent

Fraud on Hotel/Restaurant/Cab - §943.21 (Felony or Misdemeanor)

. Offender obtained services, beverage, food, or lodging/accommodation. . Offender knew they were obligated to pay. . Offender intentional absconded without paying.

Issue Worthless Check - § 943.24 (Felony/Misdemeanor)

. Offender issued check. . Offender intended that it not be paid.

Receiving Stolen Property - § 943.34 (Felony Or Misdemeanor)

. Offender intentionally received and concealed property. . The property was stolen. . Offender knew the property was stolen.

Forgery - § 943.38 (1) (Felony)

. Offender falsely made or altered a writing (includes a check) or other object. . The object appeared to be made by another, at another time, or by authority of another. . Offender had intent to defraud.

14 June 2006 Retail Theft - §943.50 (Felony or Misdemeanor)

. Offender intentionally altered the indicated price or value of, took and carried away, transferred, concealed, or retained possession of property. . The property was merchandise held for resale by merchant. . The offender knew that the property was merchandise held for resale by merchant. . The merchant did not consent. . Offender knew the merchant did not consent. INVESTIGATING PROPERTY CRIME

Damage Crimes (Criminal Damage, Graffiti, Arson)

Damage crimes can range from the relatively trivial (smashed mailbox) to the very serious (arson of a building). What they have in common is that the perpetrators generally try to do their work unseen. There may be no witnesses to the crime itself, which means that if the offender is to be charged and convicted, it will often be due only to your careful investigation.

Even if the damage is minor in monetary value, do a thorough investigation. Information you discover or evidence you collect may not only serve to catch the culprit, but may also help solve other, more serious crimes committed by the same person.

Criminal damage may be random, as for example, when teenagers drive along a street smashing every mailbox they pass, or it may be targeted at a specific individual. An example of the latter would be when an ex-girlfriend “keys” her ex- boyfriend’s car because she’s angry at him. Sometimes an offender may disguise a targeted attack by damaging surrounding property as well. In any criminal damage investigation, you should

. Determine the time frame during which the damage occurred. . Interview the victim to determine possible motive and/or suspects. . Collect any evidence left behind (e.g. tools used to inflict damage). . Canvass the immediate area to find out if anyone saw or heard the crime take place. . Document the damage, including a description (and photo, if possible) and estimated cost to repair or replace.

Graffiti may be the work of gang members staking out their “turf,” or it may be the work of ‘taggers’ who see themselves as artists. In these cases, the property damaged may have been chosen primarily because of its location rather than to attack its owner. Sometimes graffiti is directed at a particular individual or group, in which case it may fall into the category of a hate crime (a swastika painted on

15 June 2006 a synagogue, for example). For any of these, following a similar strategy as outlined above for Criminal Damage is effective.

Arson is a different sort of crime. Arsons are committed for a variety of reasons —to collect insurance, out of spite, to cover up another crime, or even as an act of domestic terrorism. Some arsonists do not have rational reasons—rather they get psychological satisfaction from starting fires. Generally, you will not be tasked with conducting the fire cause and origin investigation—that is usually done by trained fire investigators. However, you may well be first on the scene of an arson fire. Your documented initial observations may be critical to later investigative efforts. Whenever you respond to a fire, note the following5 and include the information in your report:

. the presence and location of victim(s) and witnesses(s) . any vehicles leaving the scene . fire conditions (color, location, and amount of smoke and flame) . weather conditions . anything unusual (containers, exterior burning or charring on the building, piles of debris, etc.)

Trespass Crimes

With trespass crimes, you may or may not arrive while the suspect is still present. In any case, it is essential that you establish that the suspect did not have legal authority to enter the building, vehicle, or container. Sometimes the victim may believe the suspect does not have a right to enter when in fact he or she does. For example, an estranged husband may (under Wisconsin’s marital property act) have a right to enter a vehicle titled to his wife. An ex-girlfriend may have a right to enter her ex-boyfriend’s apartment (where she had been living until very recently) even after he’s kicked her out. Other cases are quite straightforward. With any trespass crime, be sure to identify and document

. the time frame in which the crime occurred . any evidence of forcible entry (damage, pry marks, etc.) . the victim’s non-consent and how the suspect would or should have known there was no consent to enter. . any evidence of intent to steal

One trespass crime that may require a very extensive and complex investigation is burglary. Some burglaries are crimes of opportunity, but others are committed by professionals who make their living by committing burglaries. A careful investigation is essential to identifying the suspects in either type.

5 This list is adapted from Fire and Arson Scene Evidence: A Guide for Public Safety Personnel, NCJ 181584, U.S. Department of Justice, Office of Justice Programs, 810 Seventh Street NW, Washington, DC 20531, June 2000.

16 June 2006 Sometimes a homeowner or business owner realizes immediately on arriving at the home or business that it has been burglarized and calls the police before even going inside. Doing so is preferable, since the burglar may still be on the scene. If there is any chance that the burglar is still inside, tactically clear the building before beginning your investigation. Once the building is clear, determine point of entry/exit and note the existence of any tool marks. Have the victim observe or walk through the scene with you (being careful not to disturb evidence), checking for missing/added or moved items or for any other activity the suspect engaged in. Preserve and document the scene as explained in the RESPOND model.

As you know, physical evidence, such as footwear impressions, fingerprints, DNA, fiber traces, clothing, etc. may provide clues to the suspect's identity. At a burglary crime scene, think about where the suspect went and what he or she did as you consider where to look for fingerprints. If a dresser has been gone through, look at the bottoms of the dresser drawers and the items inside that the burglar might have touched while rifling through the contents. If a TV or stereo has been taken, ask what else the burglar would have had to touch to remove it. Consider if the burglar might have touched doors, windows, documents, toilet seats, refrigerator (and items within) and items in the garbage. Expect that you will find prints from several different people at the crime scene: the victim, the victim’s associates and—hopefully—the suspect. Another sort of physical evidence is the tool mark or impression left at forced entry points. Any forced entry point shows the offender's intent to enter. The means by which the lock, bolt or other security measure was defeated can often provide additional clues about the suspect.

Additionally, the modus operandi of a burglar may aid in determining his or her identity. Modus operandi (often abbreviated MO) is the method, manner or habit of a particular suspect in planning and committing a crime. In examining different burglaries for any similarities, a pattern may emerge that will direct the focus of the investigation to a particular individual. For example, at one burglary crime scene, a fingerprint is recovered. At a second crime scene nearby that showed a similar entry/exit pattern, a witness gives a vehicle description and partial registration number. Together these two pieces of information might lead to the suspect's identity.

Sometimes burglars are particular (and consistent) about the circumstances in which they commit their crimes. For instance, one burglar might show a pattern in any of the following aspects of the crime:

. the type of victim . the type of dwelling . the means of entry . the type of item (can identify the skilled for the unskilled criminal) . the time of crime

17 June 2006 . working with associates . leaving a trademark or calling card

A property criminal may target a particular victim and use a scam to commit the crime—such as posing as a construction worker or repair person. Others might target a category of victim, such as elderly single women, and might include accomplices posing as his wife and kids in a nearby car to disarm the victims’ natural suspicions.

Once the crime has occurred, the suspect will typically turn over the stolen items for cash or give them away as gifts to family and friends. Follow-up on these cases should include a visit to the pawnshops and resale stores in the area to check for any stolen merchandise. When taking a report from the victim, try to obtain all serial numbers, and any individual marks or distinguishing characteristics that would assist in identifying the item. Note that pawnshops have procedures dictated by their municipality for receiving property. Some record a fingerprint; some take identification or minimally have some record of who dropped off the item.

When interviewing a victim, ask about the person’s whereabouts, the time he or she was last at the scene and what time he or she returned. Probe the victim’s memory for anything unusual that happened or anyone unusual who was in the area in the few days before the event. Ask the victim for any ideas on who would have entered the home or business. Conduct a canvass of the area. While eyewitnesses are rare in burglaries, canvassing the area may develop information on suspicious persons seen in the area or unusual events prior to the crime. Misappropriation Crimes

Thefts of one sort or another are very common—99% of us will be the victim of a personal theft sometime in our lives6. From an investigative standpoint, one of the more challenging misappropriation crimes is robbery. Often the only eyewitness in a robbery is the victim—who is recovering from a rapid and violent or potentially violent) event. Often the robber has targeted the victim for some reason and then waited for an opportunity. When the opportunity comes, the robber acts very quickly. The psychological—and often physical—impact on the victim may be great, and yet the victim may not fully understand what has just happened because the trauma has caused a delayed response.

Of course you need to obtain information as soon as possible, in case the suspect is still in the area. A prompt description may result in quick apprehension. When interviewing the victim, keep in mind that the disorientating effect of the robbery may cause a victim to misstate information or “fill in the blanks” in a misguided attempt to be helpful. Try having the victim focus on what

6 Bureau of Justice Statistics, U.S. Department of Justice, Lifetime Likelihood of Victimization (Washington, DC, U.S. Government Printing Office, 1987)

18 June 2006 the perpetrator did and what was said during and after the event. Have the victim describe the voice as well as gestures, movements and the exact words that were spoken. As always, this information may produce similarities or patterns that link the perpetrator to other robberies or other incidents in the area.

If the victim was injured, have him or her sign a medical release form for the release of any documentation of those injuries and their treatment. Conduct a canvass of the area and check any possible recipients of the stolen property. This information may lead to the suspect or to an accomplice. Analysis of physical evidence at the scene, video recordings, and comparisons of other incidents with similar characteristics may also provide leads.

Bank robbery is more complicated to investigate than personal robbery, because it involves a financial institution, often several witnesses and/or victims, multiple areas of physical evidence and multiple types of evidence. There may be video surveillance and possibly security guards. Often there are several suspects that are armed. Multiple agencies may be involved in the investigation of bank robbery, including the FBI. SUMMARY

Law enforcement officers deal with property crimes—damage, trespass, and misappropriation—almost daily. Property crimes are the most common crimes, affecting almost all of us at one time or another. As a whole, society loses billions of dollars each year to these crimes. Some property criminals are “professionals” who may specialize in certain types of crimes, victims, or locations; others are inexperienced, often young people, for whom these crimes are crimes of opportunity.

Property crimes can be divided into three general groups:

. damage crimes, such as criminal damage to property, graffiti, or arson . trespass crimes, including burglary, entry into a locked coin box, and criminal trespass to property . misappropriation crimes, such as robbery, theft, and forgery.

Within each category, the crimes can range from relatively minor to extremely serious, with the penalties (misdemeanor or felony) reflecting this spread.

Investigating property crimes requires care and attention to detail. In many cases, a thorough investigation of one crime may lead to the solving of another— property crimes often occur in clusters. For example, a single neighborhood may experience a rash of daytime burglaries. As the evidence accumulates, the entire group of crimes may be revealed to be the work of one or two perpetrators. The evidence recovered from any one scene may not be enough to identify the

19 June 2006 perpetrator, but when put together with evidence from other scenes, a pattern may emerge that points to the offender.

Damage crimes range from the relatively minor (a maliciously broken window) to the severe (arson to a building). For even the minor ones, however, you need to complete a solid investigation. Often damage crimes are discovered after the fact, when the property owner returns from being away. One of your tasks is to establish the time frame during which the damage occurred. In general, you must interview the victim and any witnesses to try to determine motive or suspect, collect evidence, perhaps canvass the area to locate any other witnesses, document the damage and estimate the cost of repair or replacement. Arson is usually investigated by trained fire investigators who can analyze the remains to determine the cause and origin of the fire. In many cases, however, you may the first on the scene. Observe the fire and the people and vehicles in the immediate area and document your observations. Sometimes arsonists like to watch the fires they set.

Trespass crimes may turn out not to be crimes at all, but rather civil disputes between landlord and tenant or estranged spouses. Good interviewing skills will help you to determine whether the alleged offender had a right to enter the property or not. Other trespass crimes, such as burglaries, are clearly criminal acts. Those must be investigated as any crime, by interviewing victims and witnesses, preserving and documenting the scene, collecting evidence, and conducting follow-up.

Misappropriation crimes range from very minor (stolen Christmas decorations) to very serious (bank robbery). Regardless of the severity, you should give each victim the same professional service. Even a minor theft leaves the victim feeling violated—a robbery may leave the victim traumatized. Bank robberies may involve several agencies, including the FBI. Your job as first responding officer is the same in each case: follow the RESPOND model to ensure that victims and witnesses are interviewed and supported as needed, the scene and evidence are preserved, any additional resources mustered, and everything thoroughly documented.

20 June 2006 PERSON CRIMES WI-Chapters 940, 941, and 947

WHAT ARE PERSON CRIMES?

The last chapter dealt with property crimes, which constitute one major category of crimes investigated by police. This chapter addresses the other major category: person crimes. In property crimes, while the property owner is the victim, the injury or damage is inflicted on the property. In person crimes, the victim is damaged or injured directly. This fact makes investigation of person crimes more difficult in many ways. As with robbery, the victim of a person crime has just undergone an experience that may have been traumatic. The victim may be injured—perhaps seriously—and may therefore be unavailable to you because of medical treatment, may be unable to recall events, or may be physically or psychologically unable to talk about them. In some cases, the victim may be dead.

The more difficult and complex the investigation, the more important it is that you conduct each step of the investigation carefully and thoroughly. Pay close attention to every aspect—initial observations, witness information, evidence collection, canvassing, and so on. What may seem trivial or unimportant information at the time often turns out later to be crucial to convicting the perpetrator.

The chapter begins with a review of the elements of common person crimes and then provides some strategies for investigating person crimes.

ELEMENTS OF COMMON PERSON CRIMES

Person crimes fall into three groups:

. crimes against life and bodily security (Ch. 940) . crimes against public health and safety (Ch. 941) . crimes against public peace and order (Ch. 947)

The first of these are usually one-on-one crimes, where there is a direct connection between the perpetrator and the victim, as for example, in a battery, where one person deliberately injures another. (Of course, any of these may have more than one perpetrator or victim.) The second category includes crimes in which the public at large may be endangered by the perpetrator’s conduct. The third category includes a variety of crimes, which may not directly endanger persons, but which disrupt the peace and order of the community.

The next several pages provide the elements of several of the more common person crimes. This chapter does not present an exhaustive list. For example,

21 June 2006 sexual assault and crimes against children are covered in a later chapter. Domestic violence is also addressed at length in a later chapter, but note that any of these person crimes may take place in a domestic context, requiring that you handle the case as a domestic crime.

Because person crimes can be complex, you will probably find it helpful to refer to your copy of Selected Excerpts from the Wisconsin Statutes as your read this chapter.

Crimes Against Life and Bodily Security: Chapter 940

First–Degree Intentional Homicide - § 940.01 (Felony)

 Causes the death of another  With the intent to kill that person or another

To charge someone with First-Degree Intentional Homicide means that the State can prove beyond a reasonable doubt, not only that the elements of the crime were met but also that there were no mitigating circumstances. Any of the following is an affirmative defense to the charge of First-Degree Intentional Homicide. The effect may be to reduce the charge to Second-Degree Intentional Homicide or to excuse the conduct entirely.

 adequate provocation  unnecessary defensive force  prevention of felony  coercion; necessity

For more information on these, see Chapter 939.44-939.48 of the Wisconsin Statutes.

First-Degree Reckless Homicide - §940.02 (Felony)

 Recklessly causes the death of another human being  Under circumstances which show utter disregard for human life

Note: Criminal recklessness is defined in §939.24 as meaning that the “actor creates an unreasonable and substantial risk of death or great bodily harm to another human being and the actor is aware of that risk.” Section 939.22 defines great bodily harm as ”bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.”

22 June 2006 Second–Degree Intentional Homicide - §940.05 (Felony)

 Causes the death of another human being  With intent to kill that person or another.

The difference between First-Degree and Second-Degree Intentional Homicide is the presence or absence of mitigating circumstances.

Second–Degree Reckless Homicide §940.06 (Felony)

 Recklessly causes the death of another human being

Remember that criminal recklessness requires that the offender knew or should have known that the conduct was likely to cause death or great bodily harm.

Homicide by Negligent Handling of Dangerous Weapon, Explosives or Fire §940.08 (Felony)

 Causes the death of another human being  By the negligent operation or handling of a dangerous weapon, explosives, or fire

Note that this statute does not require any intent to harm on the part of the offender.

Simple Battery - §940.19 (1) (Misdemeanor)

 Offender caused bodily harm  Offender intended to cause bodily harm  Victim did not consent  Offender knew victim did not consent

Substantial or Aggravated Battery - §940.19 (2) (4) (6) (Felony)

. Offender caused substantial bodily harm or great bodily harm . Offender intended to cause bodily harm to victim or to another person

 Offender's conduct created a substantial risk of great bodily harm  Offender knew conduct created a substantial risk of great bodily harm

Note that §939.22(38) defines substantial bodily harm as “bodily injury that causes a laceration that requires stitches; any fracture of a bone; a burn; a temporary loss of consciousness, sight, or hearing; a concussion; or a loss of fracture or tooth.”

23 June 2006 Simple Battery to an Unborn Child - §940.195 (1) (Misdemeanor)

 Offender caused bodily harm to an unborn child  Offender intended to cause bodily harm to unborn child; or  Offender intended to cause bodily harm to the woman pregnant with the unborn child; or  Offender intended to cause bodily harm to another person

Note: See also § 940.19(2) Substantial Battery to Unborn (Felony) and §940.195-(4) Aggravated Battery to Unborn (Felony).

Battery to Law Enforcement Officer/Firefighter §940.20 (2) (Felony)

 Offender caused bodily harm  Offender acted intentionally  Victim was a law enforcement officer or firefighter  Victim was acting in an official capacity. (Officers and firefighters act in an official capacity if they perform duties they are employed to perform.)  Offender knew or had reason to know victim was a law enforcement officer or firefighter acting in an official capacity

Mayhem- §940.21 (Felony)

 Offender cut or mutilated a bodily member of another  The cutting or mutilating caused great bodily harm  Offender intended to disable or disfigure

First-Degree Reckless Injury - §940.23 (1) (a) (Felony)

 Offender committed elements of §940.23 (2) (a)  The circumstances of the offender’s conduct showed utter disregard for human life

Second-Degree Reckless Injury - §940.23 (2) (a) (Felony)

 Offender caused great bodily harm  The offender caused the great bodily by criminally reckless conduct

Injury by Negligent Handling of Dangerous Weapons, Explosives, or Fire - §940.24 (Felony)

 In a Offender operated or handled dangerous weapon, explosives, or fire  manner constituting criminal negligence  Operation or handling caused bodily harm

24 June 2006 Note: §939.25 defines criminal negligence as “ordinary negligence to a high degree, consisting of conduct that the actor should realize creates a substantial and unreasonable risk of death or great bodily harm to another.”

Abuse of Vulnerable Adults - § 940.285 (2) (b) (Felony)

 Victim is a vulnerable adult (see definition below)  Offender intentionally, recklessly, or negligently subjects the victim to maltreatment , or  The maltreatment was under circumstances that caused death, or  The maltreatment was under circumstances that caused or were likely to cause great bodily harm; or bodily harm under §940.285 (2) (b) 2

Abuse of Vulnerable Adults - § 940.285 (2) (b) (Misdemeanor)

 Victim is a vulnerable adult (see definition below)  Offender recklessly or negligently subjects the victim to maltreatment, and the maltreatment was under circumstances that caused or were likely to cause bodily harm;

 Victim is a vulnerable adult (see definition below)  Offender intentionally, recklessly, or negligently subjects the victim to maltreatment and the maltreatment was under circumstances that did not cause and were not likely to cause bodily harm

Note: vulnerable adult is defined as any person 18 year of age or older who either is a developmentally disabled person or has infirmities of aging, mental illness, or other like incapacities, and who is substantially mentally incapable of providing for his or her needs for food, shelter, clothing, or personal or health care; or who is unable to report cruel maltreatment without assistance.

This is an extremely complex statute; refer to your Selected Excerpts for the details.

False Imprisonment - §940.30 (Felony)

 Offender confined or restrained victim  Offender intentionally confined or restrained victim  Confinement and restraint was without victim's consent  Offender had no lawful authority to confine or restrain victim  Offender knew such confinement or restraint was without lawful authority

25 June 2006 Note: a person is not confined or restrained if that person knew he or she could have avoided the situation by reasonable action. A reasonable opportunity to escape does not, however, change confinement or restraint once it has already occurred.

Taking a Hostage - §940.305 (2) (Felony)

 Offender seized, constrained, or restrained victim  Offender did so without victim's consent  Offender used force or the threat of force  Offender demanded by conduct or statements that another person perform or not perform some action

Stalking- §940.32 (Felony)

 Offender intentionally engaged in a course of conduct directed at victim  Offender’s acts would have caused a reasonable person under the same circumstances to fear bodily injury or death to himself or herself or to a member of his or her household  Offender’s acts induced fear in victim of bodily injury or death to himself or herself or to a member of his or her household  Offender knew or should have known that conduct placed victim in reasonable fear of bodily injury or death of himself or herself or a member of his or her family or household

Note: A course of conduct is defined as a series of two or more acts carried out over time, however short or long, that show a continuity of purpose, including any of the following:

 maintaining a visual or physical proximity to the victim . approaching or confronting the victim . appearing at victim’s workplace or contacting victim’s employer or coworkers . appearing at the victim’s home or contacting the victim’s neighbors . entering property owned, leased, or occupied by the victim . contacting victim by telephone or causing victim’s or any other person’s telephone to ring repeatedly or continuously, regardless of whether conversation ensues . sending material by an means to the victim or, for the purpose of obtaining information about, disseminating information about, or communicating with the victim, to a member of the victim’s family or household or an employer, coworker, or friend of the victim . placing an object on or delivering an object to property owned, leased, or occupied by victim . delivering an object to a member of victim’s family or household or an employer, coworker, or friend of the victim or placing an object on, or

26 June 2006 delivering an object to, property owned, leased, or occupied by such a person with the intent that the object be delivered to the victim . causing a person to engage in any of the acts described in subs. 7 to 9

Crimes Against Public Health and Safety: Chapter 941

Endangering Safety by Use of a Dangerous Weapon -§941.20 (Felony)

 Offender discharged a firearm  Offender intentionally shot into building or vehicle  Under the circumstances, offender should have realized a human being might be present in building or vehicle

 Offender discharged firearm from a vehicle while on a highway or in a public parking  Offender discharged toward another person, building, or vehicle lot  Offender acted with purpose to discharge firearm at other person, building, or vehicle

Note: dangerous weapon means any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm.

Endangering Safety by Use of a Dangerous Weapon -§ 941.20 (1) (Misdemeanor)

 Offender operated or handled dangerous weapon  The manner of operating or handling constituted criminal negligence  The criminal negligence endangered safety of another person

 Offender operated or went armed with firearm  Offender was under the influence of an intoxicant when operating or going armed with firearm

 Offender pointed a firearm at or toward another human being  Offender intentionally pointed the firearm at or toward another human being

27 June 2006  Offender discharged firearm  Offender was on land belonging to someone else  Offender was within 100 yards of a building devoted to human occupancy and located on land of another  Offender did not have express permission of owner or occupant of building

Carrying a Concealed Weapon - §941.23 (Misdemeanor)

Offender went armed with a dangerous weapon-weapon must have been on offender's person or within offender's reach.

 Offender was aware of the presence of weapon  Weapon was concealed

Note: Peace officers are not subject to this law.

Crimes against Public Health and Safety: Chapter 947

Disorderly Conduct - § 947.01 (Misdemeanor)

 In a public or private place  Offender engaged in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct  Offender's conduct, under the circumstances as they then existed, tended to cause or provoke a disturbance.

Note: The offender's conduct does not necessarily have to cause an actual disturbance to violate §947.01.

Unlawful Use of a Telephone - § 947.012 (1) (a) (Misdemeanor)

 Offender made telephone call to victim  Offender used obscene, lewd, or profane language or suggested any lewd or lascivious act, or  Offender did not disclose his or her identity, or  Offender threatened to inflict injury or physical harm to any person or the property of any person  By making call, offender intended to frighten, intimidate, threaten, abuse or harass

Harassment - §947.013 (1m) (a) and (1r) (Forfeiture)

 With intent to harass or intimidate another person,  Offender struck, shoved, kicked, or otherwise subjected the person to physical contact or attempts or threatens to do the same; or

28 June 2006  Offender engaged in course of conduct that harassed or intimidated victim and that served no legitimate purpose

Harassment – § 947.013 (1r) (Misdemeanor)

 With intent to harass or intimidate another person,  Offender struck, shoved, kicked, or otherwise subjected the person to physical contact or attempts or threatens to do the same; or  Offender engaged in course of conduct that harassed or intimidated victim and that served no legitimate purpose

 Offender was subject to an order that prohibited or limited his or her contact with victim

 The act was accompanied by a credible threat that placed the victim in reasonable fear of death or great bodily harm.

Harassment - §947.013 (1m) (b) and (1r) (Felony)

AND EITHER

 Offender has a prior conviction for Harassment, or  Offender intentionally gained access to a record in electronic format that contains personally identifiable information regarding the victim in order to facilitate the violation.

INVESTIGATING PERSON CRIMES

Investigating person crimes is very similar to investigating property crimes, with one important difference: the victim or victims may be injured or dead. Additionally, person crimes can sometimes be very complex, involving multiple suspects and victims, more than one crime scene, and require the coordination of several agencies to respond and investigate. For example, you respond to a shooting, only to find that instead of one victim and one suspect, you have three victims in different locations, and witnesses report seeing gunfire from two

29 June 2006 vehicles, each containing several people. Your investigation follows the same sequence of steps—you just have to repeat them for each separate event. When you interview victims and witnesses, you can also compare their statements to find similarities or inconsistencies.

The more complicated an incident, the more agency resources will be devoted to the investigation. Depending on the size of the incident and the size of your agency, you may have a number of officers, investigators, detectives, and supervisors involved. In some cases, more than one agency will be involved. While the involvement of more personnel can help to make the investigation of a large, complex incident manageable, it also requires careful documentation of the actions of each law enforcement officer. Even if your part in the investigation seems insignificant—you spent four hours maintaining a position on the outer perimeter, for example—you still need to document your actions and observations. You may hold the piece that will make the case solid enough to convict the offender.

In person crimes, the victim may be injured or dead. If the victim has been transported by ambulance, your initial response may be to the hospital rather than the crime scene. From the hospital, you can interview the victim and coordinate the actions of other officers responding to the crime scene. While at the hospital you need to

. interview the victim . interview medical personnel and obtain treatment records . interview family members and friends at the hospital . communicate with officers in the field

Interview the Victim

As with any crime victim, you will want to get a statement of what happened from the victim’s perspective. Try to establish a chronology of events and where they occurred. It may be helpful to work out the sequence of events in reverse: start with the victim’s arrival at the hospital and work backwards. Hospital and ambulance records can help establish exact times. If the victim knows the perpetrator, get as much identifying information as you can and relay that information to units in the field who may be able to apprehend the suspect. If the suspect is unknown, ask who might have had a motive to attack the victim. Be sure to get a statement of non-consent.

One of your tasks will be to determine if, indeed, a crime has been committed. Sometimes injuries that appear to be the result of assault turn out to be self- inflicted or accidental. A person who attempted suicide may be unwilling to admit that; a person who was accidentally injured through his or her own negligence or unfamiliarity with a weapon may be embarrassed and invent an assailant to cover up the real cause of the injury.

30 June 2006 If the victim is so severely injured that he or she is unable to provide a statement, the interview may have to wait, but an officer should remain with the victim throughout, to document anything said. Obviously, if the victim is dead you will not have any victim statement unless you had obtained a dying declaration or excited utterance prior to death. The section on Death Investigation will discuss investigative strategies for those cases when the victim is not available for a statement. Similarly, if the victim is severely traumatized, as for example, in a violent sexual assault, the victim may not be able or willing to provide a statement. The subsequent sections on Sensitive Crimes will describe strategies for these investigations.

Interview Medical Personnel and Obtain Treatment Records

Ask the victim to sign a release of medical information so that you can get copies of the hospital records of treatment to attach to your report. Ask the treating physician if the injuries are consistent with the victim’s account of what happened. If not, re-interview the victim. He or she may have unintentionally misstated information or simply not remembered the events clearly as a result of stress. Or the victim might be attempting to cover up a suicide attempt, an accidental injury—or even trying to protect the suspect.

As always, document everything. Be sure to get the names of treating medical personnel and try to keep a log of any actions taken during your time at the hospital.

Interview Family Members and Friends at the Hospital

Often, family members and friends will rush to the hospital to check up on the victim. Remember—one of these persons might be the perpetrator. In any case, try to complete your interview with the victim before allowing others to have contact with the victim. If possible, interview the victim’s visitors at the hospital as well—one at a time, separately. The earlier you can get statements from everyone involved the better. The more time passes, the more opportunity people have to talk with each other. Their stories may change and their willingness to cooperate with law enforcement may diminish. Ask what they observed, what the sequence of events was, and what insights they have on the motive or identity of the suspect.

Communicate with Officers in the Field

As you obtain information from the victim and others, relay this to the officers who are managing the crime scene. Compare what the victim and others say happened with what witnesses at the scene say. Are the accounts consistent? In addition to a suspect description, the victim may give you information that can help identify evidence that officers in the field can locate and collect.

31 June 2006 In the first 24 hours following the event, it is crucial to identify all persons involved and interview each one as completely as possible. The more time passes, the more details change or are lost and the less willing people may be to answer questions. It is often helpful to review all the initial reports and look to see what information may be missing or what statements are inconsistent in order to plan the follow-up response.

SUMMARY

Person crimes, like property crimes, involve a perpetrator and a victim—but in person crimes, the victim is injured (physically or otherwise) directly by the offender, rather than indirectly through damage or theft of property. This fact makes investigating person crimes more difficult, because the victim may be traumatized, injured, or even dead.

Law enforcement officers deal with all three categories of person crimes:

. crimes against life and bodily security . crimes against public health and safety . crimes against public peace and order

The first category, which includes homicide and battery, can be particularly difficult for the investigating officer. At the one extreme, the victim may be dead, and therefore unable to tell you anything about the crime or the offender. At the opposite extreme, the victim may be a drunk 20-year-old college student who got in a fight with some other drunk college students—and who may be unable to tell you anything about the offender. In between are victims with various degrees of injury and various degrees of trauma.

The second category includes crimes such as endangering safety by use of a dangerous weapon and carrying a concealed weapon. In these the actor’s conduct may not be directed at a particular person, but instead may put the public at large at risk. Victim and suspect may not even know each other.

The third category, including disorderly conduct and harassment, cover both the individual who is “disturbing the peace” by inappropriate conduct and the person who is directing an offensive course of conduct at a particular person—a hated neighbor or an ex-boyfriend or girlfriend.

For all these, the key to solving the crime and arresting (and convicting) the offender is interviewing. Physical evidence may be important as well—especially when the victim is dead or severely injured and unable to help the investigation— and a later chapter discusses physical evidence collection in detail. But in most cases, the interview with the victim and any witnesses will provide crucial information as to the suspect’s identity, motive, and whereabouts. One of the

32 June 2006 most important aspects of your interview with the victim is to help develop a chronology of the events leading up to and following the crime.

Remember as you investigate person crimes that regardless of the complexity of the case, the steps are the same each time. With multiple victims, you just go through them more than once. The best strategy to help the victim and locate the perpetrator is to take your time and do a systematic and thorough investigation.

33 June 2006 RESOURCES

Federal Bureau of Investigation; www.fbi.gov

Ingraham, Barton L. and Mauriello, Thomas P.; Police Investigation Handbook; 1990; Matthew Bender, New York, NY

INTERNET RESOURCES

Crimes: www.nw3c.org www.nctp.org www.cybercrime.org www.fraud.org www.ncadv.org

General: www.fbi.gov www.ncjrs.org www.usdoj.gov

34 June 2006 WISCONSIN STATUTES

PROPERTY CRIMES CHAPTER 943

1. Damage

Criminal Damage to Property - § 943.01 (Misdemeanor)

 Offender caused damage to physical property. Note: damage can be anything from mere defacement of the property to total destruction.  Offender intentionally caused the damage.  The property belonged to another person.  Offender caused damage without the consent of owner.  Offender knew that property belonged to another and that person did not consent.

Graffiti - §943.017 (Misdemeanor or Felony)

 Offender intentionally caused damage to physical property by marking, drawing, writing or etching on the physical property.  The physical property belonged to another person.  Offender caused the damage without the consent of the owner.  Offender knew the property belonged to another and that person did not consent.

Arson of Buildings - § 943.02 (Felony) (See also Arson of Property Other Than a Building - § 943.03)

 Offender intentionally damaged a building (injured, charred, defaced— also includes smoke damage).  Offender used fire or explosives.  Building belonged to another person.  Offender damaged the building without the owner’s consent.  Offender knew the building belonged to another and knew the owner did not give consent. Or  Offender intentionally damaged any building by fire.  Building belonged to another person.  Offender damaged the building without the owner’s consent.  Offender knew the building belonged to another and knew the owner did not give consent.  Offender had intent to defraud an insurer of the building.

35 June 2006 2. Trespass

Burglary with Intent to Steal - § 943.10 (1) (Felony)

 Offender intentionally entered a building.  Entry was without the consent of a person in lawful possession of the building.  Offender knew that the entry was without the owner’s consent.  Offender entered building with intent to steal. Note: The intent must be formed before the entry is made.

Entry Into Locked Vehicle - § 943.11 (Misdemeanor)

 Offender intentionally entered the locked and enclosed portion of the vehicle of another.  Offender did not have consent of the owner of the vehicle.  Offender knew the vehicle belonged to another and that the entry was without the owner’s consent.  Offender intended to steal from the locked and enclosed compartment of a vehicle.

Possession of Burglarious Tools - § 943.12 (Felony)

 Offender has possession of a tool or device.  The tool or device is suitable for breaking into a building.  Offender intended to use the tool or device to break into a building with the intent to steal.

Entry into Locked Coin Box - § 943.125 (Misdemeanor)

 Offender intentionally entered a locked coin box of another.  Offender did so without consent of owner.  Offender knew coin box belonged to another and there was no consent.  Offender entered coin box with intent to steal.

Criminal Trespass to Dwellings - § 943.14 (Misdemeanor)

 Offender intentionally entered the dwelling of another.  Offender entered without the consent of someone lawfully upon the premises.  Offender entered under circumstances tending to create or provoke a breach of the peace.  Offender knew entry was without consent and knew it would tend to create or provoke a breach of peace.

36 June 2006 Entry into a Locked Dwelling - § 943.15 (Misdemeanor)

 Offender entered dwelling of another (apartment, room, building or other structure).  Offender entered dwelling when it was locked.  Offender entered without the consent of a person in lawful possession of premises.

3. Misappropriation

Robbery - § 943.32 (1) (a) and (b) (Felony)

 Offender took property from the person or the presence of the owner.  Offender took property with intent to steal.  Offender used or threatened force with intent to overcome physical resistance. Section 943.32 (1) (a) is robbery by the use of force. Section 943.32 (1) (b) is robbery by the threat of force. Section 943.32 (2) is robbery by the threat or use of a dangerous weapon.

Theft - § 943.20 (1) (a) (Penalties Based on Value of Property)

 Offender intentionally took and carried away the movable property of another.  The owner did not consent to taking and carrying away of property.  Offender knew that the owner did not consent.  Offender intended to permanently deprive the owner of possession of property.

Theft - § 943.20 (3) (e) (Felony)

 Offender intentionally took and carried a way the movable property of another.  Offender took property from person or corpse of another  Owner did not consent to the taking and carrying away of such property  Offender knew that taking and carrying away the property was without consent

Unauthorized Use of An Individual's Personal Identifying Information Or Documents - 943.201 (Felony)

 Offender intentionally used or attempted to use, or possessed with intent to use, any personal identifying information or a personal identification document of an individual (includes deceased)  Offender intentionally used information or documents to obtain credit, money, goods, services, employment or anything else of value or

37 June 2006 benefit; or intentionally used to avoid civil or criminal process or penalty; or to harm the reputation, property, person, or estate of the individual  Offender acted without the authorization or consent of individual and knew that individual did not give authorization or consent  Offender intentionally represented that he/she was the individual or that he/she is acting with the authorization or consent of the individual  Offender intentionally acted as though the information or document belongs to him or her

Fraud on Hotel/Restaurant/Cab - §943.21 (Felony or Misdemeanor)

 Offender obtained services, beverage, food, or lodging/accommodation.  Offender knew they were obligated to pay.  Offender intentional absconded without paying.

Issue Worthless Check - § 943.24 (Felony/Misdemeanor)

 Offender issued check.  Offender intended that it not be paid.

Receiving Stolen Property - § 943.34 (Felony Or Misdemeanor)

 Offender intentionally received and concealed property.  The property was stolen.  Offender knew the property was stolen.

Forgery - § 943.38 (1) (Felony)

 Offender falsely made or altered a writing (includes a check) or other object.  The object appeared to be made by another, at another time, or by authority of another.  Offender had intent to defraud.

Retail Theft - §943.50 (Felony or Misdemeanor)

 Offender intentionally altered the indicated price or value of, took and carried away, transferred, concealed, or retained possession of property.  The property was merchandise held for resale by merchant.  The offender knew that the property was merchandise held for resale by merchant.  The merchant did not consent.  Offender knew the merchant did not consent.

38 June 2006 PERSON CRIMES CHAPTER 940

Simple Battery - §940.19 (1) (Misdemeanor)

 Offender caused bodily harm  Offender intended to cause bodily harm  Victim did not consent  Offender knew victim did not consent

Substantial or Aggravated Battery - §940.19 (2) (4) (6) (Felony)

 Offender caused substantial bodily harm or great bodily harm  Offender intended to cause bodily harm to victim or to another person OR  Offender's conduct created a substantial risk of great bodily harm  Offender knew conduct created a substantial risk of great bodily harm

Simple Battery to an Unborn Child - §940.195 (1) (Misdemeanor)

 Offender caused bodily harm to an unborn child  Offender intended to cause bodily harm to unborn child; or  Offender intended to cause bodily harm to the woman pregnant with the unborn child; or  Offender intended to cause bodily harm to another person

Battery to Law Enforcement Officer/Firefighter §940.20 (2) (Felony)

 Offender caused bodily harm  Offender acted intentionally  Victim was a law enforcement officer or firefighter  Victim was acting in an official capacity. (Officers and firefighters act in an official capacity if they perform duties they are employed to perform.)  Offender knew or had reason to know victim was a law enforcement officer or firefighter acting in an official capacity

Mayhem- §940.21 (Felony)

 Offender cut or mutilated a bodily member of another  The cutting or mutilating caused great bodily harm  Offender intended to disable or disfigure

First-Degree Reckless Injury - §940.23 (1) (a) (Felony)

 Offender committed elements of §940.23 (2) (a)

39 June 2006  The circumstances of the offender’s conduct showed utter disregard for human life

Second-Degree Reckless Injury - §940.23 (2) (a) (Felony)

 Offender caused great bodily harm  The offender caused the great bodily by criminally reckless conduct

Injury by Negligent Handling of Dangerous Weapons, Explosives, or Fire - §940.24 (Felony)

 Offender operated or handled dangerous weapon, explosives, or fire  In a manner constituting criminal negligence  Operation or handling caused bodily harm

Abuse of Vulnerable Adults - § 940.285 (2) (b) (Felony)

 Victim is a vulnerable adult (see definition below)  Offender intentionally, recklessly, or negligently subjects the victim to maltreatment , or  The maltreatment was under circumstances that caused death, or  The maltreatment was under circumstances that caused or were likely to cause great bodily harm; or bodily harm under §940.285 (2) (b) 2

Abuse of Vulnerable Adults - § 940.285 (2) (b) (Misdemeanor)

 Victim is a vulnerable adult (see definition below)  Offender recklessly or negligently subjects the victim to maltreatment, and the maltreatment was under circumstances that caused or were likely to cause bodily harm; OR  Victim is a vulnerable adult (see definition below)  Offender intentionally, recklessly, or negligently subjects the victim to maltreatment and the maltreatment was under circumstances that did not cause and were not likely to cause bodily harm

False Imprisonment - §940.30 (Felony)

 Offender confined or restrained victim  Offender intentionally confined or restrained victim  Confinement and restraint was without victim's consent  Offender had no lawful authority to confine or restrain victim  Offender knew such confinement or restraint was without lawful authority

Taking a Hostage - §940.305 (2) (Felony)

40 June 2006  Offender seized, constrained, or restrained victim  Offender did so without victim's consent  Offender used force or the threat of force  Offender demanded by conduct or statements that another person perform or not perform some action

Stalking- §940.32 (Felony)

 Offender intentionally engaged in a course of conduct directed at victim  Offender’s acts would have caused a reasonable person under the same circumstances to fear bodily injury or death to himself or herself or to a member of his or her household  Offender’s acts induced fear in victim of bodily injury or death to himself or herself or to a member of his or her household  Offender knew or should have known that conduct placed victim in reasonable fear of bodily injury or death of himself or herself or a member of his or her family or household

Note: A course of conduct is defined as a series of two or more acts carried out over time, however short or long, that show a continuity of purpose, including any of the following:

 maintaining a visual or physical proximity to the victim . approaching or confronting the victim . appearing at victim’s workplace or contacting victim’s employer or coworkers . appearing at the victim’s home or contacting the victim’s neighbors . entering property owned, leased, or occupied by the victim . contacting victim by telephone or causing victim’s or any other person’s telephone to ring repeatedly or continuously, regardless of whether conversation ensues . sending material by an means to the victim or, for the purpose of obtaining information about, disseminating information about, or communicating with the victim, to a member of the victim’s family or household or an employer, coworker, or friend of the victim . placing an object on or delivering an object to property owned, leased, or occupied by victim . delivering an object to a member of victim’s family or household or an employer, coworker, or friend of the victim or placing an object on, or delivering an object to, property owned, leased, or occupied by such a person with the intent that the object be delivered to the victim . causing a person to engage in any of the acts described in subs. 7 to 9

41 June 2006 CRIMES AGAINST PUBLIC HEALTH AND SAFETY: CHAPTER 941

Endangering Safety by Use of a Dangerous Weapon -§941.20 (Felony)

 Offender discharged a firearm  Offender intentionally shot into building or vehicle  Under the circumstances, offender should have realized a human being might be present in building or vehicle OR  Offender discharged firearm from a vehicle while on a highway or in a public parking  Offender discharged toward another person, building, or vehicle lot  Offender acted with purpose to discharge firearm at other person, building, or vehicle

Endangering Safety by Use of a Dangerous Weapon -§ 941.20 (1) (Misdemeanor)

 Offender operated or handled dangerous weapon  The manner of operating or handling constituted criminal negligence  The criminal negligence endangered safety of another person OR  Offender operated or went armed with firearm  Offender was under the influence of an intoxicant when operating or going armed with firearm OR  Offender pointed a firearm at or toward another human being  Offender intentionally pointed the firearm at or toward another human being OR  Offender discharged firearm  Offender was on land belonging to someone else  Offender was within 100 yards of a building devoted to human occupancy and located on land of another  Offender did not have express permission of owner or occupant of building

Carrying a Concealed Weapon - §941.23 (Misdemeanor)

Offender went armed with a dangerous weapon-weapon must have been on offender's person or within offender's reach.

 Offender was aware of the presence of weapon  Weapon was concealed

42 June 2006 CRIMES AGAINST PUBLIC HEALTH AND SAFETY: CHAPTER 947

Disorderly Conduct - § 947.01 (Misdemeanor)

 In a public or private place  Offender engaged in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct  Offender's conduct, under the circumstances as they then existed, tended to cause or provoke a disturbance.

Unlawful Use of a Telephone - § 947.012 (1) (a) (Misdemeanor)

 Offender made telephone call to victim  Offender used obscene, lewd, or profane language or suggested any lewd or lascivious act, or  Offender did not disclose his or her identity, or  Offender threatened to inflict injury or physical harm to any person or the property of any person  By making call, offender intended to frighten, intimidate, threaten, abuse or harass

Harassment - §947.013 (1m) (a) and (1r) (Forfeiture)

Harassment – 947.013 (1r) (Misdemeanor)

 With intent to harass or intimidate another person,  Offender struck, shoved, kicked, or otherwise subjected the person to physical contact or attempts or threatens to do the same; or  Offender engaged in course of conduct that harassed or intimidated victim and that served no legitimate purpose AND  Offender was subject to an order that prohibited or limited his or her contact with victim AND  The act was accompanied by a credible threat that placed the victim in reasonable fear of death or great bodily harm.

Harassment - §947.013 (1m) (b) and (1r) (Felony)

43 June 2006  With intent to harass or intimidate another person,  Offender struck, shoved, kicked, or otherwise subjected the person to physical contact or attempts or threatens to do the same; or  Offender engaged in course of conduct that harassed or intimidated victim and that served no legitimate purpose

AND EITHER

 Offender has a prior conviction for Harassment, or  Offender intentionally gained access to a record in electronic format that contains personally identifiable information regarding the victim in order to facilitate the violation.

44 June 2006 CRIMES AGAINST CHILDREN CHAPTER 948

Causing Mental Harm To A Child - § 948.04 (Felony)

 Offender had temporary or permanent control of the child.  Child suffered mental harm.  Offender caused the mental harm.  Offender caused such harm by conduct that demonstrated substantial disregard for the mental well being of the child.  Child was under 18 years of age.

Abandonment Of A Child - § 948.20 (Felony)

 Child was under the age of 18 years  Offender left child in a place where the child may have suffered because of neglect. (Neglect means to seriously endanger the health or safety of a child by failing to provide necessary care, food, clothing, medical or dental care or shelter).  Offender intended to leave child.

Neglect - § 948.21 (Misdemeanor)

 Child was under the age of 18 years.  Offender was responsible for the welfare of the child.  Offender intentionally contributed to neglect of child. (Offender purposely contributed to neglect or was aware their action was practically certain to cause that result).

Interference with Custody Of A Child - § 948.31 (Felony)

 Child was under 18 years of age.  Custodian had legal custody of child under a court order or judgment.  Offender took away child from custodian without the consent of the custodian.  Offender intentionally took child from custodian (and knew custodian had legal custody of child and did not give consent for child to be taken away).  Offender took child with intent to deprive custodian of custody rights.

Contributing To the Delinquency Of A Child - § 948.40 (Felony Or Misdemeanor)

 Child was under 18 years of age.

45 June 2006  Offender intentionally encouraged or contributed to the delinquency of the child. (Delinquency is any violation of state criminal law by a child. It is not required that the child did commit a crime.)

Physical Abuse of A Child - § 948.03 (Felony)

 Any physical injury  Injury inflicted on a child  Injury inflicted on child intentionally

Reckless Causation of Bodily Harm - § 948.03 (3) (Felony)

 Any physical injury  Injury inflicted on a child  Reckless causation of injury

Failing to Act to Prevent Bodily Harm - § 948.03 (4) (a) (Felony)

 Caretaker or caregiver is aware of another is causing or intends to cause injury to a child  Caretaker or caregiver is able to intervene and prevent injury to child  Caretaker or caregiver fails to take action to prevent injury or risk of injury

Sexual Assault of A Child: First Degree Sexual Assault - § 948.02(1) (Felony)

 Sexual intercourse or sexual contact.  Under 13 Years of Age

Second Degree Sexual Assault - § 948.02(2) (Felony)

 Sexual Intercourse or Sexual Contact  With a Person Who Is At Least 13 But Not Yet 16 Years Of Age

Sexual Intercourse With A Child Age 16 Or Older - § 948.09 (Misdemeanor)  Sexual Intercourse  With Person Who Is Not The Defendant’s Spouse And Who Is At Least 16 But Not Yet 18 Years Of Age

Repeated Acts Of Sexual Assault Of A Child - § 948.025 (Felony) +  Offender committed at least three sexual assaults of a child.  Child was under the age of 16. At the time of each act of sexual intercourse or sexual contact.  At least three of the assaults took place within a specified period of time.

46 June 2006 Sexual Contact - § 948.01(5)

 Intentional touching by the offender of the intimate part of the child either directly or through the clothing. The touching can be done by any body part or by any object, but it must be an intentional touching.  Sexual contact is intentional touching by the child of the offender, if offender intentionally caused or allowed the child to do that touching.  Sexual contact also requires that the defendant acted with intent to become sexually aroused or gratified or sexually degrade or humiliate the child.  Sexual contact is the intentional penile ejaculation of ejaculate or intentional emission of urine or feces by the defendant upon any part of the body clothed or unclothed of the child. Sexual contact also requires that the defendant acted with intent to become sexually aroused or gratified or sexually degrade or humiliate the child.

Sexual Assault of A Student By A School Instructional Staff Person - §948.095 (Felony)

 Sexual Contact OR  Sexual Intercourse  With Person Who Is Not The Defendant’s Spouse And Who Is At Least 16 But Not 18 Years Of Age  Child Is Enrolled As A Student In School Or School District  Defendant Is Member Of School Staff Of School Or District In Which Child Is A Student

Incest With A Child - § 948.06 (Felony)

 Marriage, or Sexual Intercourse or Sexual Contact AND  With A Child The Defendant Knows Is Related By Blood Or Adoption And Relation Is Closer Than 2nd Cousin Sexual OR Intercourse  Is a Person Responsible For The Child’s Welfare (See Definitions) Child Enticement - §948.07 (Felony)

 Offender caused child to go into a vehicle, building, room or secluded place.  Offender caused child to go into a vehicle, building, room or secluded place with the intent to have sexual intercourse, sexual contact, have child engage in prostitution, expose a sex organ or cause child to expose sex organ, record the child engaging in sexually explicit

47 June 2006 conduct, cause bodily or mental harm to the child, or giving or selling a controlled substance to a child.  Child was under the age of 18.

Use of A Computer to Facilitate A Child Sex Crime - § 948.075 (Felony)

 Offender used a computerized communication system to communicate with an individual.  Offender believed individual was under 16 years of age.  Offender had intent to have sexual contact or intercourse with the individual.  Offender did an act, in addition to using computerized communication system, to carry out the intent to have sexual contact or intercourse.

Exposing Genitals or Pubic Area - § 948.10 (Misdemeanor)

 Offender Causes A Child To Be Expose Genitals Or Pubic Area  Offender Exposes Genitals Or Pubic Area To A Child  Purpose is for Sexual Arousal  Purposes is for Sexual Gratification

Causing A Child to View Or Listen To Sexual Activity - § 948.055 (Felony)

 Offender Intentionally Causes A Child To View Or Listen To Sexually Explicit Conduct (actual or simulated: (a) Sexual intercourse; (b) Bestiality; ( c) Masturbation; (d) Sexual sadism or sexual masochistic abuse including, but not limited to, flagellation, torture or bondage; or (e) Lewd exhibition of intimate parts. (s. 948.01(7))  Intent of Sexually Arousing Or Gratifying the Offender Or  Intent to Humiliate Or Degrade the Child

Sexual Intercourse with A Child Age 16 Or Older - § 948.09 (Misdemeanor)

 Offender had sexual intercourse with a child, not the offender's spouse.  Child was under 18 years of age.

Exposing A Child to Harmful Material - § 948.11 (Felony)

 Offender sold, rented, exhibited, played, distributed or loaned harmful material to a child. (Material depicts nudity, sexually explicit conduct, sadomasochistic abuse, physical torture, or brutality and it is harmful to children.  Offender had knowledge of the character and content of the material.  Child was under 18 years of age.  Offender knew child was under 18.

48 June 2006 Possession of Child Pornography - § 948.12 (Felony)

 Offender possesses any undeveloped film, photographic negative, photograph, motion picture, videotape, or other recording.  The recording showed a child engaged in sexually explicit conduct.  Offender knew that the recording showed a person engaged in actual or simulated sexual activity.  Offender knew person depicted is under 18 years of age.

49 June 2006 VIDEO LIBRARY RESOURCES TRAINING AND STANDARDS

CRIMES

Elder Abuse: Roll USDOJ-OVCVHS, 14 min

This video uses scenarios to provide information on all the forms of elder abuse and neglect. It also provides the line officer important information about crime scene protocol and community resources to assist in an investigation.

Police Response to People with Disabilities USDOJ VHS, 58 min

Holdup Alarm Response L. E. Net Volume 4, Cassette 4 VHS 1/2”, 30 min.

Although robbery calls are one of the most dangerous situations facing an officer, they are often treated lightly because of the high number of false alarms associated with them. This is especially true in the case of silent alarms. An officer with a survivalist attitude will treat each call as a true alarm as if the robber is still on the premises.

Initial Burglary Investigations VHS 1/2”, 22 min.

This program sets down standards for making an initial burglary investigation. It demonstrates the tactics an officer should use when approaching a burglary scene.

50 June 2006 INDEX

Arson...... 12, 35 Bail Jumping...... 8 Burden of Proof...... 5 Consent...... 6 Damage...... 11, 35 Elements of a Crime...... 5 Elements of Proof...... 5 Enticement...... 47 Entry...... 12, 36 Graffiti...... 11, 35 Incest...... 47 Location...... 4 Mens Rea...... 6 Modus Operandi...... 17 National Crime Victimization Survey...... 1 Probable Cause...... 5 Reasonable Doubt...... 5 Suspect...... 4 Trespass...... 12, 13, 36 Uniform Crime Reporting...... 1 Victim...... 4

51 June 2006